The Rules and Constitution of The Village Club  [Revised 27th April 2022] - Download as pdf

Name and Address

1. The name of the Club is The Village Club (hereinafter called ‘the Club’). It is a licensed Private Members’ Club situated at 151, Addington Road, South Croydon CR2 8LH.

Object of the Club

2. The object of the Club is to provide for the use of its members a social environment where they can meet friends and entertain guests in comfort and safety.

Officers and their Duties

3. The Club has the following Officers, who are elected by the members annually:

Chairman – who chairs all General Meetings and all Management Committee meetings

Secretary – who is responsible for the keeping of all non-financial books and records of the Club, including the Members’ Register (containing the personal details of every member as provided on their application for membership)

Treasurer – who is responsible for the keeping of financial records and ensuring that the financial affairs of the Club are kept in good order and that annual accounts and a financial report are placed before the members at the Annual General Meeting.

A member must complete a minimum of one year’s membership to be eligible for election as an Officer.

Management Committee

4. The day-to-day running of the Club is under the control of the Management Committee which consists of

the 3 Officers of the Club

no more than 7 other members of the Club elected by the members annually

the 4 Trustees (see Rule 6).

Meetings of the Management Committee are held each month on the second Wednesday of the month unless agreed otherwise.

A quorum for Management Meetings is 5.

The members present will elect a chair for that meeting whenever the Chairman is not present.

The members present have a duty to maintain appropriate confidentiality of the business discussed.

Minutes of Management Committee meetings must be taken and made available to all Club members.

The Management Committee has the following powers and responsibilities:

supervision and direction of the day-to-day running of the Club including duties covering buildings, charity, competitions,

entertainment, sports

those able to do so, must host the Treasure Chest and the sale of raffle, etc tickets although this will be voluntary for the Secretary and Treasurer in recognition of their main duties

preparation and presentation to the Annual General Meeting of a written annual report on the Club and its activities (annexing the annual accounts and the Treasurer’s financial report)

appointment of sub-committees, whose membership must include at least one member of the Management Committee, to which it may delegate powers and duties on such terms as the Management Committee thinks fit

co-opting in a purely advisory capacity not more than two members for any specific purpose

administration of the Club’s Disciplinary Regulations

appointment of Trustees.

The Officers and Management Committee will be elected by the members at the Annual General Meeting. A nomination sheet will be posted at least 21 days before the meeting and will be displayed for 14 days. Candidates must print their names. Candidates for election as Officers must have their nomination signed by a proposer and a seconder.

The Officers, Management Committee, or any member or members thereof, may be removed by a resolution passed by a majority of those members present at a Special General Meeting called for that purpose.

Emergency Powers

5. In the event of circumstances beyond the control of the Management Committee making it impossible to call a General Meeting, the Management Committee shall have the power to appoint temporary members of the Management Committee and to make temporary changes to the rules. All such appointments and rule changes remain in place only until a General Meeting may be called.

Trustees and Club Property

6. There will be four Trustees of the Club elected by the Management Committee.

Trustees must previously have served as an Officer for a minimum of one year.

The Trustees are entitled to attend and contribute to meetings of the Management Committee but without any voting rights, except on financial matters.

The Management Committee may remove or appoint Trustees at any time.

A Trustee holds office until death, resignation, or removal by the Management Committee.

All property of the Club, other than cash, is to be held and used by the Trustees on trust for the whole membership and for the benefit of the Club.

The Trustees will hold and use the Club’s property in accordance with all lawful directions of the Management Committee.

Membership

7. Any person aged 18 or over and resident in the UK is eligible to be a member.

An applicant for membership must submit a signed and dated application to the Secretary, accompanied by a fee for Provisional Membership, stating their:

name, address, telephone number, any email address and date of birth

consent to the holding of relevant data for the purposes of the General Data Protection Regulation (GDPR).

The Management Committee reserves the right to request evidence of identity and age.

An applicant will need to demonstrate suitability before being approved for membership.

A member joining during the first 6 months of the year must pay the whole of the annual subscription. The annual subscription for a member joining after 30 June will reduce on a pro rata basis.

Power to appoint members

8. The Management Committee alone has the power to appoint members.

Membership Classes

9. There are 3 classes of membership. Ordinary Membership, Honorary Life Membership, which is granted to members at the end of their 30th year of membership, and Provisional Membership which provides for admission for a period of up to three months, but with no voting or other rights or interest in the Club and its property. The Management Committee may remove the privilege of Honorary Life Membership should circumstances warrant it.

Membership Renewal

10. The annual subscription is payable by 31 January with membership automatically continued each year unless:

the member resigns on or before 31 January, in which case the member is under no obligation to pay any part of the subscription for that year

the member fails to pay their annual subscription by 31 January when

the member is treated as having resigned on 31 January unless he or she gives the Secretary a written request to remain a member and the Management Committee accepts late renewal.

the member takes up permanent residence overseas.

To ensure that the Register of Members is accurate, members must notify a change of address and other contact details

Honorary Members must confirm in writing by 31st January each year that they wish to remain members.

Subscriptions and Fees

11. Annual subscriptions and Provisional Membership fees will be agreed annually at a General Meeting. Guest fees will be at the discretion of the Management Committee.

Termination of Membership

12. A member may resign at any time by written notice to the Secretary. A resigning member is not entitled to any refund of subscription and remains liable for any unpaid subscription. All rights and interests in the Club and its property cease immediately on termination of membership by resignation, expulsion, residence overseas or death.

Staff

13. Staff shall be made honorary members for the duration of their employment but without any voting or other rights or interests in the Club and its property. Staff are not permitted to serve on the Management Committee.

Organised Teams

14. Members of organised teams shall be admitted to the Club on specific occasions (Monday to Friday inclusive) and be made honorary members for these occasions only but without any voting or other rights or interests in the Club and its property.

Guests

15. Every member of the Club, other than Provisional Members, shall be entitled to introduce guests. A fee will be payable for the guests and the names of all guests must be entered in the book provided for that purpose.

On special occasions the Management Committee may limit the number of guests each member may introduce.

Members are responsible for the behaviour of their guests. Guests must leave the Club at the same time as their host member unless countersigned by another member. That member then becomes responsible for the behaviour of the guest.

The Management Committee reserves the right to refuse admission.

General Meetings of Members

16. Annual General Meeting: An annual general meeting of all members must be held in April each year (or failing that, as soon as possible thereafter) and called by the Secretary on at least 21 days’ written notice to the members stating the time, date and place of the meeting and the business to be conducted. The business will include:

the Chairman’s presentation of the Management Committee’s annual report

presentation and summary explanation by the Treasurer of the Club’s annual accounts for the financial year ended (a copy of the Balance Sheet must be displayed on the noticeboard no less than seven days before the meeting)

election of Officers and members of the Management Committee

any motions as are stated in the notice of the meeting.

Amendments to motions must be given in writing within 7 days of the notice. The chair of the meeting has the discretion to allow amendments from the floor.

Only that business shown on the published agenda will be allowed. There will be no ‘any other business’.

17. Special General Meeting: At any time, the Management Committee or any 25 members may by written notice request the Secretary to call a meeting of members and the Secretary must then call a Special General Meeting on no less than 21 days written notice to all members stating the date, time and place of the meeting and the business to be conducted.

The voting members present elect a chair for any general meeting whenever the Club Chairman is not present.

Minutes of General Meetings must be taken and made available to all members. Draft minutes will be made available within 14 days of the meeting.

18. Quorum: The quorum for General Meetings is 25.

Notices

19. Any notice required or allowed to be given to any member under these Rules is validly given if posted within the Club or published electronically.

Any notice required or allowed to be given by any member to the Secretary under these Rules is validly given if handed to the Secretary or sent by post or email.

Resolutions and Voting

20. Motions may only be moved at the General Meeting by the member who previously gave written notice and may only be voted upon if seconded.

Resolutions and other decisions at all General Meetings, Management Committee or any sub-committee meetings are passed and made if so voted by a majority of those members present and voting when the vote is taken.

Voting may at the discretion of the Chair be undertaken by show of hands, by ballot or by show of hands followed by ballot. Proxies are not allowed.

Amendment of the Rules

21. These Rules may be amended by a motion in a General Meeting passed by a majority of the members present when the vote is taken. 21 days written notice must be given of a proposed change to rules. Written notice of a proposed amendment to a proposed change must be made within 7 days, The member giving notice must move the motion at the General Meeting. The chair of the meeting has the discretion to allow amendments from the floor.

Employment and Other Contracts

22. The Club may engage employees on such terms as the Management Committee decides.

All contracts of employment will be made by the Officers and will state that the Officers are the employers on behalf of the Club for the time being. Those for part-time staff will be made by the Steward.

The Officers may enter into contracts as agent for the Members provided that no such contract involves property or money beyond a value agreed by the Management Committee.

All other contracts between the Club and any other person are made by the Trustees as agents for the members unless the Management Committee instead authorises any one or more of the Officers or other members of the Management Committee to enter into a contract as agent for the members.

Indemnities and Limitation of Liability

23. Full indemnity out of Club funds is given to:

Trustees against all payments and other liabilities properly incurred by them as Trustees Officers and other members of the Management Committee against all payments and other liabilities properly incurred by them in the exercise of their duties or powers for the Club

every Trustee, Officer, or other member entering into any contract on behalf of the members against all payments and other liabilities incurred by them in connection with that contract.

The liability of Trustees, Officers or other members entering into any contract for the Club and the liability of any members on whose behalf the contract is made is limited to the assets of the Club.

The limit of each member’s indemnity given to the Trustees, Officers or other members in any calendar year in relation to any contracts entered into by them for the Club is a sum equal to one year’s membership subscription.

Legal Proceedings

24. No Trustees, Officers or members shall be bound to bring or defend any actual or prospective claim or proceedings or incur any actual or prospective liability for legal costs (including to any legal costs that may be payable to another party) unless they are first satisfied that they shall be sufficiently indemnified or otherwise protected against having to pay such costs and any other judgment against them (except as to the extent of one year’s membership subscription) in one or more of the following ways:

indemnity out of the Club’s assets

personal indemnities from some or all of the members

legal expenses insurance.

Borrowing and Charges

25. The Trustees shall make such dispositions of Club property and enter into such agreements as the Management Committee directs for the giving of security for borrowing.

All members whether or not voting on such resolution, and all members joining the Club after the passing of such resolution are to be taken to have assented to the resolution as if they had voted in favour.

Financial Year and Accounts

26. The Club financial year runs to 31 December. An income and expenditure account must be made for that year and the balance sheet struck at that date.

Cash

27. No cash should leave the Club premises other than in transit to the bank or in payment of an invoice/receipt.

Alcohol

28. The purchase of alcohol for the Club and the supply of alcohol by the Club shall be managed by the Club Steward under the direction of the Management Committee.

Alcohol may only be sold on Club premises in accordance with any rules, conditions or restrictions necessary in consequence of the Club Premises

Certificate or other authorisation (or conditions of authorisation) granted or to be granted under the Licensing Act 2003.

No person shall receive at any time at the expense of the Club or any member of the Club any commission, percentage or similar payment on, or with reference to, purchases of alcohol by the Club.

No person shall directly or indirectly derive any pecuniary benefit from the supply of alcohol by or on behalf of the Club to members or guests, apart from any benefit accruing to the Club as a whole and apart also from any benefit which a person derives indirectly by reason of the supply giving rise to or contributing to a general gain from the carrying on of the Club.

Bar Hours and Permitted Hours for the Supply/Sale of Alcohol, the Playing of Live and Recorded Music and Dancing

29. The bar hours and permitted hours for the supply/sale of alcohol, the playing of live and recorded music and dancing are those in the Club Premises Certificate, or any Temporary Event Notice granted under the Licensing Act 2003. They are:

No alcohol will be sold after the last bell has been rung and all alcohol must be consumed within 20 minutes of the last bell. The Club will close 30 minutes after the last bell has been rung.

The Management Committee shall have the power to vary or apply to vary the hours that the Club premises be open for the supply/sale of alcohol and the provision of live and/or recorded music and dancing

apply to the appropriate authority for a Temporary Event Notice for an extension of the permitted hours on such special occasions as they deem fit and proper.

Gaming Machines

30. The opening of any fruit or gaming machine shall only be done by an Officer or member of the Management Committee and then only if assisted by another Officer, member of the Management Committee, a Club member, or the Club Steward/Deputy Steward.

Food

31. Only food purchased within the Club may be consumed on the premises unless authorised by the Committee.

Dress Code

32. The Management Committee and staff reserve the right to deny admission to any member or guest who in their opinion is dressed improperly.

Dogs

33. Dogs are not allowed in the Club, except for assistance dogs authorised by the Management Committee and which must always be kept on a lead.

Children

34. Children under the age of 16 years are only allowed in the Club

- on Sundays until 7pm, or

- when attending a personal function authorised by the Management Committee.

Complaints

35. Any complaints about members behaviour must be made in writing to the Secretary unless the complaint involves the Secretary, in which case it should be made to the Chairman.

Complaints that warrant consideration of disciplinary action will be dealt with in accordance with the separate guidelines in the Appendix to these rules.

Dissolution

36. If the Management Committee decides at any time that it is necessary to dissolve the Club, it shall call a Special General Meeting and present a resolution to that effect providing full details of the Clubs assets and liabilities, the reasoning behind the recommendation to dissolve and how it is intended that the Club’s assets may be realised. The Club may then be dissolved by that resolution if passed by a majority of the members present when the vote is taken.

As soon as the resolution takes effect the Management Committee must pay or otherwise settle all debts as directed at the Special General Meeting and divide the remaining Club assets among the members equally.

The limit of each member’s liability is a sum equal to one year’s membership subscription.

Appendix to rules – Disciplinary, etc Process

Disciplinary Committee

1. Any member who, it is alleged, is in breach of the Rules or who otherwise acts in a way which in the opinion of the Management Committee is inappropriate for a member of the Club may be required by the Management Committee to attend for a hearing before a Disciplinary Committee to explain their conduct.

The Disciplinary Committee shall be comprised of 3 members of the Management Committee.

2. Save in exceptional circumstances, the Secretary will notify the member in writing at least 14 days before the hearing of:

the date, time, and place of the hearing

the conduct alleged to

be a breach of the Rules, specifying which rule or rules, or

be inappropriate for a member of the Club

being as precise as possible.

3. The member may respond in writing to the Management Committee. In addition, they will also be given a fair opportunity at the oral hearing to refute, explain or excuse their conduct and to say why they should not be penalised or what penalty is appropriate for any proven allegation.

4. The procedure to be adopted for the hearing will be entirely at the discretion of the Disciplinary Committee.

5. The member has the right to be accompanied at the hearing and to call his or her own witnesses. Where the member intends to call witnesses, this must be communicated to the Secretary not less than 7 days before the hearing. Failure to do so may lead to an inappropriate venue or insufficient time being allocated.

6. If the Disciplinary Committee finds any allegation to be proven it may

give a verbal warning as to the member’s future behaviour

suspend the member from the benefits of membership for a period

determined by the Disciplinary Committee, with or without conditions

expel the member with immediate effect.

7. The decision as to whether any allegation is proven, and the appropriate

penalty must be made and notified to the member within 5 days of the hearing. Such notification shall be in writing.

Appeal Committee

8. A member who is expelled or suspended from the benefits of membership for a period of 3 or more months has the right to appeal against the decision by written notice to the Secretary within 14 days of receiving the decision of the Disciplinary Committee. The notice must state the reasons why the decision should be set aside or varied. There is no right of appeal where any other action has been taken.

9. The Appeal Committee will comprise three members of the Management

Committee who did not form part of the Disciplinary Committee.

10. The Secretary will notify the member in writing at least 14 days before the appeal hearing stating the date, time and place at which the hearing will be conducted by the Appeal Committee. The member will be given a fair opportunity at the appeal hearing to explain why the Disciplinary Committee decision should be set aside or varied.

11. The procedure to be adopted for the hearing will be entirely at the discretion of the Appeal Committee.

12. The member has the right to be represented at the oral hearing and to call his or her own witnesses.

13. The Appeal Committee must not consider new evidence which was not put before the Disciplinary Committee unless it is satisfied that there are good reasons why that evidence was not put before the Disciplinary Committee and for allowing the new evidence to be considered.

14. The Appeal Committee may set aside or vary the decision of the Disciplinary

Committee if it is satisfied that the decision was unreasonable or otherwise unfair, or if the proceedings leading to the decision were either unreasonable,

unfair or prejudicial to the member.

15. The decision of the Appeal Committee will be final.